Lawyer, Jack McMahon, also accused city officials of, "a prosecutorial lynching," of his client, Dr. Kermit Gosnell, who is black.

Gosnell, 72, is accused of running a rogue clinic that ignored the state ban on third-term abortions and 24-hour waiting periods. Prosecutors say he also maimed desperate, often poor women and teens by letting his untrained staff perform abortions and give anesthesia. And they say he got rich doing it, by performing a high volume of substandard abortions.

Police found $250,000 in cash during a 2010 search of his home, Assistant District Attorney Joanne Pescatore told jurors. Gosnell used outmoded drugs and improper methodology, forcing women to deliver live babies that were then killed by staff with scissors, she said.

"The standard practice here was to slay babies. That's what they did," said Pescatore, who echoed a 2011 grand jury report in calling the clinic "a house of horrors."

Staff went along with the routine because they were nearly as desperate as the women, she said. The two other "doctors" on staff were allegedly medical school doctors without licenses. The woman giving anesthesia was a sixth-grade dropout who could hardly read or write, Pescatore said. And one of the employees who advanced from the reception area to the operating room was a 15-year-old high school student.

She often worked until 3 a.m., and went to school late each day, Pescatore said.

But McMahon says city officials are applying, "Mayo Clinic," standards to Gosnell's inner-city office in West Philadelphia.

"This is a targeted, elitist and racist prosecution of a doctor who's done nothing but give (back) to the poor and the people of West Philadelphia," the fiery McMahon insisted to the predominantly black jury, as Gosnell sat serenely taking notes. "It's a prosecutorial lynching of Dr. Kermit Gosnell."

Gosnell is charged with killing seven babies born alive, along with Karnamaya Mongar a newly-arrived, 41-year-old refugee from Bhutan. Prosecutors say Gosnell's staff gave the 90-pound woman a lethal dose of anesthesia and painkillers during a 2009 abortion.

But McMahon said he will prove that she also had other drugs in her system that did not come from Gosnell's clinic, perhaps from an attempt to self-abort the fetus using a tuberculosis drug. She also had unreported bronchial problems - she did not speak English - and died of complications, he said.

And he said the government cannot prove the seven babies were born alive. There is no physical evidence on five of the deaths; the murder charge is instead based on staff testimony that the babies cried or moved.

Authorities have a photograph of the sixth baby, who allegedly had a gestational age of 30 weeks, and the body of the seventh. But McMahon argued that neither took a breath or was otherwise born alive.

He conceded the case will be emotional and upsetting for jurors and everyone else involved "because we all love babies."

"It strikes a chord in all of us," he said.

Gosnell faces the death penalty if convicted of first-degree murder in the infant deaths. He is charged with third-degree murder in Mongar's death.

Eight co-defendants have pleaded guilty, most of whom will testify against Gosnell. Three of them pleaded guilty to third-degree murder, which carries a 20- to 40-year term. They have not yet been sentenced.

The only former employee on trial with Gosnell is Eileen O'Neill of Phoenixville, who allegedly held herself out as a doctor at the clinic when she was not licensed. Her lawyer was set to give his opening statements Monday afternoon.

The trial is expected to last six to eight weeks.

**UPDATE**

MARYCLAIRE DALE Associated Press

PHILADELPHIA - March 19, 2013 (WPVI) -- A medical assistant told a jury Tuesday that she snipped the spines of at least 10 babies during unorthodox abortions at a West Philadelphia clinic. And she said Dr. Kermit Gosnell and another employee did the same to terminate pregnancies.

Adrienne Moton's testimony came in the capital murder trial of Gosnell, the clinic owner, who is on trial in the deaths of a patient and seven babies. Prosecutors accuse him of killing late-term, viable babies after they were delivered alive, in violation of state abortion laws.

Gosnell's lawyer denies the murder charge and disputes that any babies were born alive. He also challenges the gestational age of the aborted fetuses, calling them inexact estimates.

Moton, the first employee to testify, sobbed as she recalled taking a cellphone photograph of one baby left in her work area. She thought he could have survived, given his size and pinkish color. She had measured him at nearly 30 weeks.

"The aunt felt it was just best for her, (the mother's), future," Moton testified.
Gosnell later joked that the baby was so big he could have walked to the bus stop, she said.

Jurors saw Moton's photograph on a large screen in the courtroom, which took on a bizarre look Tuesday as she testified near a hospital bed with stirrups and other aging obstetric equipment. Denied the chance to bring jurors to the shuttered inner-city clinic, prosecutors are instead recreating a patient room in court.

Moton, 35, sobbed as she described her work at the clinic. Because of problems at home, she had moved in with Gosnell and his third wife during high school, and she went to work for him from 2005 to 2008. She earned about $10 an hour, off the books, to administer drugs, perform sonograms, help with abortions and dispose of fetal remains. Workers got $20 bonuses for second-term abortions on Saturdays, when a half-dozen were sometimes performed.

She once had to kill a baby delivered in a toilet, cutting its neck with scissors, she said. Asked if she knew that was wrong, she said, "At first I didn't."

Abortions are typically performed in utero. In Pennsylvania, abortions cannot legally be performed after the 24th week of pregnancy.

Moton has pleaded guilty to third-degree murder, which carries a 20- to 40-year term, as well as conspiracy and other charges. She has been in prison since early 2011, when Philadelphia prosecutors released the harrowing grand jury report on Gosnell's Women's Medical Center and arrested the doctor, wife Pearl and eight current or former employees. Most of them are expected to testify.

Women and teens came from across the mid-Atlantic, often seeking late-term abortions, Moton said. She recalled one young woman from Puerto Rico who did not speak English and appeared to be 27 weeks pregnant.

One patient, a 41-year-old refugee, died after an overdose of drugs allegedly given to her during a 2009 abortion.

Defense lawyer, Jack McMahon, told jurors in opening statements Monday that Gosnell, now 72, returned to the impoverished neighborhood after medical school when he could have struck it rich in the suburbs. He called the prosecution of his client, who is black, "a lynching."

But prosecutors believe Gosnell made plenty of money over a 30-year career using cheap, untrained staff, outdated medicines and barbaric techniques to perform abortions on desperate, low-income women.

And they say he made even more on the side running a, "pill mill," where addicts and drug dealers could get prescriptions for potent painkillers. Authorities found $250,000 in cash at his home when they searched it in 2010.

McMahon is set to cross-examine Moton on Tuesday afternoon.

The Following 5 Users Say Thank You to DiamondSmiles For This Useful Post: